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Corporate Law

No Financial Debt Without Disbursement of Money to Corporate Debtor Under IBC

Case Law Details

Case Name
Amisha In Sky Creation Pvt. Ltd. Vs Sandeep D Maheshwari (NCLAT Delhi)
Date of Judgement/Order
Only available for paid members
Courts
NCLAT
Advertisement Amisha In Sky Creation Pvt. Ltd. Vs Sandeep D Maheshwari (NCLAT Delhi) Mortgage of Property Without Loan Disbursement Held Not to Create Financial Debt; Claim Rejection Upheld as Security Creation Alone Does Not Establish Financial Creditor Status; Mortgage-Based Arrangement Held Insufficient to Confer Secured Financial Creditor Status; Post-Dated Cheques and Interest Clauses Held Insufficient to Establish Financial Debt.  Two appeals were filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 against an order of the Adjudicating Authority (NCLT, Mumbai Bench) in ...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,853

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